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Radheyshyam vs. Kalulal

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Penal Code, 1860–Secs. 307/149, 326/149, 325/149, 325, 323, 323/149 & 324/149–Acquittal by the Trial Court–Appreciation of–Specific stand of accused that they were falsely implicated in order to frame the defence in the murder case–PW 3, PW 9, PW 12, PW 13 & PW 18 were declared hostile–PW 5 admitted that his brother was prosecuted in the murder case–Trial Court disbelieved his testimony as being the interested witness–Further, his version was found exaggerated–PW 8 denied from his earlier version–PW 10 was also an interested witness as he was named in the cross-case–Contradictions in the testimony of PW 6–Prosecution failed to examine the Investigation Officer–Trial Court also noted that in the cross-case of murder, the complainant party was found aggressor to the incident–Held, no perversity is found in the impugned findings.